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HomeMy WebLinkAboutThe Norton East Ranch Major Subdivision Preliminary Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Krueger, Associate Planner SUBJECT: The Norton East Ranch Major Subdivision Preliminary Plat, #P-07047 MEETING DATE: Public hearing on Tuesday, January 22, 2008, at 6:00 pm RECOMMENDATION: Staff recommends that this application be conditionally approved with the conditions and code provisions listed in the staff report addendum dated January 16, 2008. BACKGROUND: Norton Properties, LLC, and representative Big Sky Land Consulting, have submitted a Major Subdivision Preliminary Plat application to subdivide 47.77 acres into 30 single- household residential lots, 6 single family duplex lots, 15 multi-household residential lots, 73 attached single household lots, one neighborhood center, and including restricted size lots and workforce housing lots, with the remaining area as parks, open spaces, streets and alleys. The subject property is annexed with a preliminary zoning designation of R-4 (Residential High Density District), and is located west of Cottonwood Road between future extensions of W. Babcock Street and Fallon Street and is bound on the west by a future extension of Laurel Parkway. The DRC provided a recommendation of conditional approval on December 19, 2007. The Planning Board held a public hearing and reviewed the proposal on January 2, 2008. The Planning Board voted unanimously to recommend conditional approval of the subdivision. UNRESOLVED ISSUES: There are three unresolved issues remaining with the subdivision. The issues directly relate to three recommended conditions of approval: #4, #34, and #35 that can be found in the staff report addendum dated January 16, 2008. Condition #4: Staff and the Planning Board recommend condition #4, which would require that .28 acres of additional dedicated parkland be provided either: onsite, offsite, or cash in lieu with the subdivision. There was considerable discussion with the Planning Board regarding the amount of parkland credit that the applicant can claim for providing workforce housing. The code, Section 18.50.020.4.b.(1) BMC clearly states that “If the developer chooses to develop more than the required number or area of workforce housing units, the additional lot area square footage above the minimum required shall not further reduce the parkland area.” The subdivider is providing more workforce housing lots and in some cases in a larger size than required, and per the above stated section may not take parkland offset credit for the additional number of lots provided or for the additional lot area square footage over the minimum required. The subdivider proposed a .75 acre parkland credit and per the code may only claim a .47 acre credit. As such, the subdivider is deficient in the amount of required parkland provided in the subdivision. This issue is described further on page 15 of the staff report and in the Planning Board minutes. Some members of the Planning Board made general comments that the applicant should be allowed to apply additional parkland credit for workforce housing due to the proposed high level of parkland improvements and amenities to be provided on site by the developer. Staff finds no mechanism other than code text amendments to Section 17.02 BMC and Section 18.50 BMC that would enable the Commission to consider such credit. 417 Condition #34: The Engineering Department has provided clarifying language to condition #34 as written in the original staff report. This condition now identifies the portion of the roadways in question that are along the property boundary and the portion that provides access to the development. By code, all development shall be provided with a second means of access. Currently, the property has no access to the existing street system. The updated language is included in condition #34 that can be found in the staff report addendum dated January 16, 2008. Condition #35: The Planning Board voted 4-2 to strike staff’s proposed condition #35 from their recommendation of approval. Staff does not support this recommendation. Condition #35 would require that prior to any issuance of building permits for the subdivision, that the remaining half of Cottonwood Road between West Babcock Street and Fallon Street be constructed. Cottonwood Road, designated a principal arterial roadway, is the primary north-south route through which traffic from the Norton Subdivision will flow until a future connection, through a future phase, is made to another north-south route, west of the development. The condition states that the roadway section in question would have to improved, but does not assign this responsibility to any one entity, individual, or funding source. Staff recommends that condition #35 be included in any conditional approval for the subdivision and condition #35 is included in the conditions recommended in the staff report addendum dated January 16, 2008. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues, along with increased costs to deliver municipal services to the property, when the property is developed. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Brian Krueger at bkrueger@bozeman.net if you have any questions prior to the public hearing. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager Attachments: Staff Report Addendum January 16, 2008 Engineering Staff memo January 11, 2008 Planning Board Resolution #P-07047 Planning Board Minutes January 2, 2008 Staff Report Aerial Map Agency Review Comments Public comment (1) Applicant’s Preliminary Plat Submittal Materials 418 PLANNING BOARD & CITY COMMISSION STAFF REPORT FILE NO. #P-07047 THE NORTON EAST RANCH MAJOR SUBDIVISION PRELIMINARY PLAT STAFF REPORT ADDENDUM JANUARY 16, 2008 #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report Addendum 1 RECOMMENDATION Staff recommends that this application be conditionally approved with the conditions and code provisions listed in this staff report addendum dated January 16, 2008. RECOMMENDED CONDITIONS OF APPROVAL Planning Office: 1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. Subject to the review and recommendation of the Recreation and Parks Advisory Board, the Parks and Recreation Superintendent and final approval by the City Commission the proposed parkland dedication requirements shall be met for this subdivision. Documentation of satisfaction of parkland dedication requirements in accordance with Section 18.50.020 of the BMC shall be provided. A table showing the computed park areas shall be included on the final plat pursuant to Section 18.78.070.D of the BMC. This table shall include but is not limited to detention/retention areas, watercourse, wetlands, watercourse setbacks, park land, and total area. 4. .28 acres of additional dedicated parkland shall be provided either: onsite, offsite, or cash in lieu. 5. All dedicated park lands including linear parkways shall be titled “Public Park” on the final plat. Notes shall be included on the plat describing ownership and maintenance responsibility for both the park and open space areas, (e.g. public park, dedicated to the city and maintained by the homeowners association and/or future Park Maintenance District, etc.). 6. Dedicated park land shall have frontage along 100 percent of its perimeters on public or private streets, unless otherwise noted and as reviewed and permitted under Section 18.50.060 through the construction of pedestrian access, off street parking and improvements within the park area as approved in the respective final park plan(s). This further implies that all streets adjacent to parkland for each phase of the major subdivision must be improved with said phase. 419 7. The Final Park Plan(s) shall include: a. Current and future site plan(s) for the entire property with the current plan showing developer installed improvements and the future plan showing any planned improvements not intended to be installed by the developer; b. The location of watercourse setbacks, wetland delineation, and wetland fringe; c. Park landscaping plan, prepared by a qualified landscape professional in accordance with §18.78.100 for all parkland areas including linear parkways; d. Trail design and construction showing compliance with adopted City standards and trail classifications; e. The requirement for a preconstruction meeting prior to any site work, including boardwalks, bridges, and trails; f. Appropriate sections from the “Design Guidelines for City of Bozeman Parks”; g. Cost estimate and installation responsibility for all improvements; h. A neighborhood gathering place (pavilion, community building, wetland interpretation and viewing platforms, etc.) and playground equipment in the Neighborhood Center in addition to the standard requirement for boulevard street trees, irrigation, seeding, sidewalks, etc. i. A notation that a building permit will be required for any structural improvements including bridges, boardwalks, and shelter structures. j. Parking area, design and construction drawings showing compliance with adopted City standards including ADA parking and signage. 8. Sidewalks along park land should be constructed to a six foot width to accommodate snow removal equipment. 9. The subdivider in consultation with MDT, the City of Bozeman, and Streamline Transit shall locate, design, and construct a transit stop with seating, lighting, a bike rack, and a shelter at the Neighborhood Center per section 18.44.120 of the Bozeman Municipal Code. 10. A note shall be included on the plat for all multi family lots describing park dedication allowances; e.g. park dedication requirements for Lot 43, Block 14 have been met for 12 dwelling units, at the time of subsequent development, when net residential density becomes known, cash-in-lieu of park dedication requirements shall be met by the property owner for any additional density in accordance with the BMC. This note shall be recorded on the individual lots in a manner that will appear on a title search. 11. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction designed in a manner to be consistent along all park land and open space areas. This requirement with appropriate exhibits of fence types shall be addressed and illustrated in the home owner’s association documents. 12. The subdivider shall provide a subdivision perimeter fencing plan to be implemented prior to final plat. The plan shall include plans and specifications to fence the perimeter of the project including the southern boundary of the right-of-way for Fallon Street, the north boundary of the right of way of W. Babcock Street, the west boundary of the right of way for Laurel Parkway. 13. Hard Luck Street shall be extended east to the east property boundary of the subdivision through Lot 1 in order to provide adequate access to undeveloped land. #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report Addendum 2 420 14. Buildings constructed on lots along West Babcock Street, Laurel Parkway, and Fallon Street shall either front onto those roadways and/or have double-front architectural features facing those roads as found on the front of the dwellings units, for example; end gables, covered porches, varied roof lines, multiple façade materials, varied façade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. The homeowner’s association documents shall also specify that a maximum 4’ tall fence, with coordinated design detail, is permitted along the back of these lots. 15. All finished floor elevations be a minimum of 18 inches above the top of the curb in front of the residence or building. This building restriction shall be addressed and demonstrated in the covenants/development guidelines. 16. All lots that have access to an alleyway shall use the alley for access to the lot, no driveway access from the street is allowed. This access restriction shall be addressed and demonstrated in the covenants/development guidelines. 17. Trees may not be located within 10 feet of sewer and water services. Sewer and water services shall be shown on the landscaping plan of the park and open space plan, and approved by the Water/Sewer Superintendent. 18. Homeowner’s association documents shall address the requirements for street trees, a City of Bozeman planting permit for street trees and obtaining utility locates before any excavation begins in the City of Bozeman right-of-way. The covenants shall include a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there should be a mulch ring 3’ -4’ in diameter around each newly planted boulevard tree. 19. Street lighting, including pathway intersection lighting, shall be installed by the subdivider. Light locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. All street light poles shall be installed a minimum of 10’ from any water or sewer main or appurtenance. 20. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 21. Should historical, cultural and/or archeological materials be inadvertently discovered during construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman Historic Preservation Office shall be contacted immediately and construction activities shall cease. 22. Should any species of concern, as defined by the Montana Natural Heritage Program, be discovered on- site during construction, the Montana Department of Fish, Wildlife and Parks and the Montana Natural Heritage Program shall be contacted immediately and construction activities shall cease. Engineering Office: 23. The proposed lift station shall be designed and built to accommodate the sewer capacity of the full development. However, the wastewater output from the lift station shall be limited to the amount allocated in the 1998 Valley West Sewer Report (192,816 gpd) until the trunk sewer main as shown in #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report Addendum 3 421 the 2007 Wastewater Facilities Plan is installed. The lift station will be owned and operated by the City. Maintenance costs will be paid for by the homeowners by way of a surcharge on their sewer bill. 24. Design of the lift station, including the building, will be reviewed and approved by the City Engineering and Water/Sewer Departments. The lift station shall include a SCADA system compatible with the City’s existing system. The lift station shall also include backup power capable of running the entire station including all pumps. 25. A master plan and the sanitary sewer main layout for the portion of the development west and south of Phase I shall be provided. If a sanitary sewer main and/or stubs are necessary in Laurel Parkway, from Fallon Street to West Babcock Street, they are to be provided in this phase. 26. The lift station shall be located outside of the Baxter Creek 100 year floodplain. 27. An all-weather access must be provided to the lift station. The access, lift station, and force main must either be on separate lots dedicated to the city, or contained within easements. 28. Any air relief valves on the sewer force main shall be accessible by the City’s flusher truck. This may require turnout(s) to be constructed at the location of the valves. 29. Any public street rights of way for which easements have been provided (i.e. Laurel Parkway) shall be dedicated to the City on the Final Plat for this subdivision. 30. All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. 31. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. 6 ft wide sidewalk will be required in the standard location adjacent to park land. The trail and sidewalk may be combined into one facility that is 10 ft wide and constructed of concrete. The combined walk may vary from the standard location (i.e. meander), but at the furthest, shall be no more than 15 ft from the right- of-way. 32. The trails shall connect to pedestrian ramps at the intersections or approved mid-block crossings. 33. A schematic signage plan for the subdivision, noting any proposed traffic calming measures, shall be provided with the design report for review and approval by the City Engineer. 34. West Babcock Street, from Cottonwood Road to the eastern property boundary, would be required to be improved to collector standard, as shown in the Greater Bozeman Area Transportation Plan 2001 Update, prior to issuance of any building permits for the development. Fallon Street, from Cottonwood Road to the eastern property boundary, would be required to be improved to local standard, as shown in the Greater Bozeman Area Transportation Plan 2001 Update, prior to issuance of any building permits for the development. Laurel Parkway and West Babcock Street, along and within the property boundary, shall be improved, as part of this development, to collector standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. Fallon Street, along and within the property boundary, shall be improved, as part of this development, to local standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. City standard curb and gutter, and sidewalk will be required in the #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report Addendum 4 422 standard location on the development’s side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 35. Cottonwood Road is designated as a Principal Arterial in the Greater Bozeman Area Transportation Plan. The applicant is advised the remaining half of this facility along the entire length of the development, from West Babcock Street to Fallon Street, would be required to be constructed prior to issuance of any building permits for the development. 36. A joint access shall be provided at Lots 123 and 124, Block 1, at Lots 121 and 122, Block 2, and at Lots 118 and 119, Block 2, that lines up with the respective alley to the south. 37. A 1 foot no access easement shall be shown on the final plat along the entire frontage of West Babcock Street and Laurel Parkway. 38. The driving surface on the alley typical section shall be a minimum of 16 ft wide. 39. Provide 10 ft minimum clearance from the fire hydrants to street lights, junction pedestals, and signs. 40. All retention/detention ponds shown within the right-of-way shall be relocated outside of the right-of- way and a temporary or permanent storm drainage easement provided. Recreation and Parks Advisory Board: 41. The E-W greenway trail along Wayward West shall be a 10’ or 12’ meandering concrete shared use path in lieu of sidewalk. Wetland Review Board: 42. All stormwater basins/detention ponds within the subdivision shall be naturalized by creating irregularly-shaped basins, vegetating with native grass/emergent wetland and woody species, and limiting the use of rock in the bottom of the basins. 43. The boardwalk trail through the north end of wetland W-5 and the two viewing platforms shall be constructed at least 24 inches above the ground surface to preserve the wetland vegetation. 44. Place educational placards along the boardwalk and on the viewing platforms 45. The WRB shall be notified and invited to attend a preconstruction meeting prior to the construction of any platforms or boardwalks. Code Provisions: a. 18.42.030.D “Corner Lots” – The homeowner’s association documents shall provide language stating that all corner lots shall have the same orientation as dwellings on lots on the interior of the block. The final plat shall indicate the orientation of all corner lots. b. 18.04.050 - Water rights, or cash-in-lieu thereof, as calculated by the City Engineer’s Office, is due with #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report Addendum 5 423 each final plat of the major subdivision. c. 18.42.060.B.1.a “Private Utilities” – The final plat and homeowner’s association documents shall contain a note stating that if a utility easement is greater than the building setback required by the Title 18 of the B.M.C. said easement shall apply. d. 18.44.010.A. “Streets” When a proposed development adjoins undeveloped land, and access to the undeveloped land would reasonably pass through the new development, streets within the proposed development shall be arranged to allow suitable development of the adjoining undeveloped land. Streets within the proposed development shall be constructed to the boundary lines of the tract to be developed, unless prevented by topography, or other physical conditions, in which case a subdivision variance must be approved by the City Commission. e. 18.44.120 “Public Transportation” – Any interior and exterior development streets that are designated as transit routes shall be designed to accommodate transit vehicles and facilities. The subdivider in consultation with MDT, the City of Bozeman, and Streamline Transit shall locate, design, and construct a transit stop with seating, lighting, a bike rack, and a shelter at the Neighborhood Center per section 18.44.120 of the Bozeman Municipal Code. f. 18.46.020.B “Parking Within Structures” – The homeowners’ association documents shall include the minimum provisions for one-stall and two-stall car garages as outlined by Administrative Policy No. 2007-03. g. 18.50.080.D “Storm Water Detention/Retention Ponds” – The park master plan shall provide a grading and landscape plan for any storm water facilities located in dedicated parklands. Maximum grading of said facilities and design shall be such that the facility serves as a landscape feature and further complies with 18.48.050.L “Maximum Allowable Slope or Grade” of the U.D.O. h. 18.50.090, executed waivers of right to protest creation of special improvement districts (SIDs) for a park maintenance district shall be executed and submitted with the final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. i. 18.78.070.D requires a Final Park Plan to be approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board, prior to Final Plat approval. Four bound copies of the plan shall be submitted to the Planning Office for review prior to installation of any improvements or prior to Final Plat submission, whichever comes first. The Park Plan shall address all of the criteria outlined in Section 18.78.060.P of the BMC. j. Covenants, restrictions, and articles of incorporation for the creation of a homeowners’ association shall be submitted with the final plat application for review and approval by the Planning Office and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of common open space areas, public parkland/open space corridors, stormwater facilities, public trails, snow removal, and other areas common to the association pursuant to Chapter 18.72 of the Bozeman Municipal Code. 1. These documents shall include a common area and facility maintenance plan and guarantee for the permanent care and maintenance of open spaces, recreational areas, stormwater facilities and parking lots in accordance with Chapter 18.72 or the Bozeman Municipal Code. 2. These documents shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 45 working days prior to filing and recordation with the Gallatin County Clerk and Recorder. 3. These documents shall be executed and submitted with the final plat to be filed with the Gallatin #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report Addendum 6 424 County Clerk and Recorder at the time of final plat recordation. k. Section 18.78.070.D of the BMC requires a Final Park Plan to be approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board, prior to Final Plat approval. Four bound copies of the plan shall be submitted to the Planning Office for review prior to installation of any improvements or prior to Final Plat submission, whichever comes first. The Park Plan shall address all of the criteria outlined in Section 18.78.060.P of the BMC. l. Pursuant to Section 18.06.040.D.6 of the BMC, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission’s consideration. The City Commission may, at the written request of the developer, extend its approval for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the developer, provided for in §18.74.060, BMC. m. Per Section 18.42.050, utilities shall be placed underground, wherever technically and economically feasible. If overhead utility lines are used, they shall be placed along the rear property line. n. Per Section 18.42.120, if mail will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. It shall not be the responsibility of the City to maintain or plan any mail delivery area constructed within a City right-of-way. o. Section 18.48.070 requires the subdivider to install irrigation, sod and street trees on all external streets and adjacent to public parks or other open spaces. A landscape plan shall be submitted, identifying the location and tree species to be installed by the developer, prior to installation of the trees or by final plat, whichever comes first. p. All improvements are subject to Chapter 18.74 “Improvements and Guarantees.” If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. q. The final plat must be in compliance with all requirements of Section 18.78.070 “Final Plat,” including, but not limited to the following items: 1. Section 18.78.070.C states that a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared noxious weeds and a copy provided to the Planning Department prior to final plat approval. 2. The final plat submittal shall include all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The final plat application shall include four (4) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3½-inch floppy disk or compact disk; and five (5) paper prints. 3. Final Park Plan. For all land used to meet parkland dedication requirements, a final park plan shall be submitted to the City of Bozeman for review and approval prior to final plat. The installation of #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report Addendum 7 425 any park improvements to meet minimum development standards or conditions of approval shall comply with Chapter 18.74, BMC. The final park plan shall be reviewed and approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board. The final park plan shall include all of the information listed in §18.78.060.P of this chapter. 4. Irrigation System As-Builts. The developer shall provided irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements, once the irrigation system is installed. The as-builts shall include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. s. Stormwater Master Plan: A Stormwater Master Plan for this phase of the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized detention/retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located in easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the FSP for each lot. t. Plans and specifications and a detailed design report for water and sewer main extensions, streets and storm drainage facilities, prepared by a Professional Engineer (PE) registered in the state of Montana, shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The Applicant shall also provide Professional Engineering services for Construction Inspection, Post-construction Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. All plans and specification shall comply with the current version (including all addenda) of the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications Fifth Edition that have been adopted at the time of approval of the plans and specifications. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless all of the requirements of Section 18.74.030.D of the Unified Development Ordinance are met to allow for concurrent construction. u. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report Addendum 8 426 to Final Plat approval. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the final plat for the subdivision. v. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. w. The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted on the plans, as well as all nearby fire hydrants and proposed fire hydrants. x. Any easements needed for the water and sewer main extensions shall be a minimum of 30 feet in width with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to final plat approval and shall be shown on the plat. Wherever water and/or sewer mains are not located under or accessed from improved streets, a 12 foot wide all weather access drive shall be constructed above the utilities to provide necessary access. y. Street names must be approved by the Gallatin County GIS office and City Engineering office prior to final plat approval. z. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. aa. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. bb. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to plan and specification approval. cc. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate to the City full permit compliance. dd. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with Section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. ee. All construction activities shall comply with Section 18.74.020.A.2 of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. ff. Ditch relocation: #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report Addendum 9 427 1. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. 2. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation. Report Sent to:: Norton Properties, LLC, 63020 Lower Meadow Road Suite A, Bend, OR 97701. Big Sky Land Consulting, PLLC, 5530 Burnt Road, Belgrade, MT 59714 #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report Addendum 10428 429 The Norton East Ranch Subdivision 1 RESOLUTION #P-07047 RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION, TO SUBDIVIDE 47.77 ACRES, LOCATED WEST OF COTTONWOOD ROAD BETWEEN FUTURE EXTENSIONS OF W. BABCOCK STREET, FALLON STREET, AND LAUREL PARKWAY INTO 30 SINGLE-HOUSEHOLD RESIDENTIAL LOTS, 6 DUPLEX SINGLE HOUSEHOLD LOTS, 15 MULTI-HOUSEHOLD RESIDENTIAL LOTS, 1 NEIGHBORHOOD CENTER, 73 ATTACHED SINGLE HOUSEHOLD LOTS, INCLUDING RESTRICTED SIZE LOTS AND WORKFORCE HOUSING LOTS AND THE REMAINING AREA AS PARKS, OPEN SPACES, STREETS AND ALLEYS ON PROPERTY DESCRIBED AS THE NE ¼ OF THE SW ¼ AND THE NW ¼ OF THE SE ¼ , OF SECTION 9, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA. WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1-601, M.C.A.; and WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and WHEREAS, the property owner, Norton Properties, LLC, and representative, Big Sky Land Consulting, submitted a Major Subdivision Preliminary Plat Application to subdivide 47.77 acres, located west of Cottonwood Road between future extensions of W. Babcock Street, Fallon Street, and Laurel Parkway into 30 single-household residential lots, 6 duplex single household lots, 15 multi-household residential lots, 1 neighborhood center, 73 attached single household lots, including restricted size lots and workforce housing lots and the remaining area as parks, open spaces, streets and alleys on property legally described as the NE ¼ of the SW ¼ and the NW ¼ of the SE ¼ , of Section 9, T2S, R5E, P.M.M., Gallatin County, Montana; and WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been properly submitted, reviewed, and advertised in accordance with the procedures of Section 18.04 of the Bozeman Unified Development Ordinance; and WHEREAS, the City of Bozeman Planning Board held a public hearing on Wednesday, January 2, 2008, to review the application and any written public testimony on the request for said Major Subdivision Preliminary Plat Application; and WHEREAS, one member of the public provided testimony expressing concern regarding the need for a parks maintenance district, the need for fences to catch debris, the need for fencing to separate residential and agricultural uses, the need for additional storm drainage infrastructure, the need for weed control, concern about impacts to Huffine Lane, and a question regarding the source of irrigation water; and 430 The Norton East Ranch Subdivision 2 WHEREAS, members of the City of Bozeman Planning Board discussed the poroposed staff condition regarding Cottonwood Road, the workforce housing plan, and the deficiency in dedicated parkland; and WHEREAS, the City of Bozeman Planning Board passed a motion to strike recommended condition number #35; and WHEREAS, the City of Bozeman Planning Board reviewed the application against the requirements of the Montana Subdivision and Platting Act and found that, with conditions, the Major Subdivision Preliminary Plat Application would comply with those requirements; and NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, upon a vote of 6-0, recommends to the Bozeman City Commission that the application to subdivide 47.77 acres, located west of Cottonwood Road between future extensions of W. Babcock Street, Fallon Street, and Laurel Parkway into 30 single-household residential lots, 6 duplex single household lots, 15 multi- household residential lots, 1 neighborhood center, 73 attached single household lots, including restricted size lots and workforce housing lots and the remaining area as parks, open spaces, streets and alleys on property legally described as the NE ¼ of the SW ¼ and the NW ¼ of the SE ¼ , of Section 9, T2S, R5E, P.M.M., Gallatin County, Montana, be conditionally approved subject to the following conditions: Planning Office: 1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. Subject to the review and recommendation of the Recreation and Parks Advisory Board, the Parks and Recreation Superintendent and final approval by the City Commission the proposed parkland dedication requirements shall be met for this subdivision. Documentation of satisfaction of parkland dedication requirements in accordance with Section 18.50.020 of the BMC shall be provided. A table showing the computed park areas shall be included on the final plat pursuant to Section 18.78.070.D of the BMC. This table shall include but is not limited to detention/retention areas, watercourse, wetlands, watercourse setbacks, park land, and total area. 431 The Norton East Ranch Subdivision 3 4. .28 acres of additional dedicated parkland shall be provided either: onsite, offsite, or cash in lieu. 5. All dedicated park lands including linear parkways shall be titled “Public Park” on the final plat. Notes shall be included on the plat describing ownership and maintenance responsibility for both the park and open space areas, (e.g. public park, dedicated to the city and maintained by the homeowners association and/or future Park Maintenance District, etc.). 6. Dedicated park land shall have frontage along 100 percent of its perimeters on public or private streets, unless otherwise noted and as reviewed and permitted under Section 18.50.060 through the construction of pedestrian access, off street parking and improvements within the park area as approved in the respective final park plan(s). This further implies that all streets adjacent to parkland for each phase of the major subdivision must be improved with said phase. 7. The Final Park Plan(s) shall include: a. Current and future site plan(s) for the entire property with the current plan showing developer installed improvements and the future plan showing any planned improvements not intended to be installed by the developer; b. The location of watercourse setbacks, wetland delineation, and wetland fringe; c. Park landscaping plan, prepared by a qualified landscape professional in accordance with §18.78.100 for all parkland areas including linear parkways; d. Trail design and construction showing compliance with adopted City standards and trail classifications; e. The requirement for a preconstruction meeting prior to any site work, including boardwalks, bridges, and trails; f. Appropriate sections from the “Design Guidelines for City of Bozeman Parks”; g. Cost estimate and installation responsibility for all improvements; h. A neighborhood gathering place (pavilion, community building, wetland interpretation and viewing platforms, etc.) and playground equipment in the Neighborhood Center in addition to the standard requirement for boulevard street trees, irrigation, seeding, sidewalks, etc. i. A notation that a building permit will be required for any structural improvements including bridges, boardwalks, and shelter structures. j. Parking area, design and construction drawings showing compliance with adopted City standards including ADA parking and signage. 8. Sidewalks along park land should be constructed to a six foot width to accommodate snow removal equipment. 9. The subdivider in consultation with MDT, the City of Bozeman, and Streamline Transit shall locate, design, and construct a transit stop with seating, lighting, a bike rack, and a shelter at the Neighborhood Center per section 18.44.120 of the Bozeman Municipal Code. 10. A note shall be included on the plat for all multi family lots describing park dedication allowances; e.g. park dedication requirements for Lot 43, Block 14 have been met for 12 dwelling units, at the time of subsequent development, when net residential density becomes known, cash-in-lieu of park dedication requirements shall be met by the property owner for any additional density in accordance 432 The Norton East Ranch Subdivision 4 with the BMC. This note shall be recorded on the individual lots in a manner that will appear on a title search. 11. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction designed in a manner to be consistent along all park land and open space areas. This requirement with appropriate exhibits of fence types shall be addressed and illustrated in the home owner’s association documents. 12. The subdivider shall provide a subdivision perimeter fencing plan to be implemented prior to final plat. The plan shall include plans and specifications to fence the perimeter of the project including the southern boundary of the right-of-way for Fallon Street, the north boundary of the right of way of W. Babcock Street, the west boundary of the right of way for Laurel Parkway. 13. Hard Luck Street shall be extended east to the east property boundary of the subdivision through Lot 1 in order to provide adequate access to undeveloped land. 14. Buildings constructed on lots along West Babcock Street, Laurel Parkway, and Fallon Street shall either front onto those roadways and/or have double-front architectural features facing those roads as found on the front of the dwellings units, for example; end gables, covered porches, varied roof lines, multiple façade materials, varied façade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. The homeowner’s association documents shall also specify that a maximum 4’ tall fence, with coordinated design detail, is permitted along the back of these lots. 15. All finished floor elevations be a minimum of 18 inches above the top of the curb in front of the residence or building. This building restriction shall be addressed and demonstrated in the covenants/development guidelines. 16. All lots that have access to an alleyway shall use the alley for access to the lot, no driveway access from the street is allowed. This access restriction shall be addressed and demonstrated in the covenants/development guidelines. 17. Trees may not be located within 10 feet of sewer and water services. Sewer and water services shall be shown on the landscaping plan of the park and open space plan, and approved by the Water/Sewer Superintendent. 18. Homeowner’s association documents shall address the requirements for street trees, a City of Bozeman planting permit for street trees and obtaining utility locates before any excavation begins in the City of Bozeman right-of-way. The covenants shall include a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there should be a mulch ring 3’ -4’ in diameter around each newly planted boulevard tree. 19. Street lighting, including pathway intersection lighting, shall be installed by the subdivider. Light locations and specifications shall be provided to the City Engineer for review and approval with the 433 The Norton East Ranch Subdivision 5 public improvements plans and specifications. All street light poles shall be installed a minimum of 10’ from any water or sewer main or appurtenance. 20. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 21. Should historical, cultural and/or archeological materials be inadvertently discovered during construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman Historic Preservation Office shall be contacted immediately and construction activities shall cease. 22. Should any species of concern, as defined by the Montana Natural Heritage Program, be discovered on-site during construction, the Montana Department of Fish, Wildlife and Parks and the Montana Natural Heritage Program shall be contacted immediately and construction activities shall cease. Engineering Office: 23. The proposed lift station shall be designed and built to accommodate the sewer capacity of the full development. However, the wastewater output from the lift station shall be limited to the amount allocated in the 1998 Valley West Sewer Report (192,816 gpd) until the trunk sewer main as shown in the 2007 Wastewater Facilities Plan is installed. The lift station will be owned and operated by the City. Maintenance costs will be paid for by the homeowners by way of a surcharge on their sewer bill. 24. Design of the lift station, including the building, will be reviewed and approved by the City Engineering and Water/Sewer Departments. The lift station shall include a SCADA system compatible with the City’s existing system. The lift station shall also include backup power capable of running the entire station including all pumps. 25. A master plan and the sanitary sewer main layout for the portion of the development west and south of Phase I shall be provided. If a sanitary sewer main and/or stubs are necessary in Laurel Parkway, from Fallon Street to West Babcock Street, they are to be provided in this phase. 26. The lift station shall be located outside of the Baxter Creek 100 year floodplain. 27. An all-weather access must be provided to the lift station. The access, lift station, and force main must either be on separate lots dedicated to the city, or contained within easements. 28. Any air relief valves on the sewer force main shall be accessible by the City’s flusher truck. This may require turnout(s) to be constructed at the location of the valves. 29. Any public street rights of way for which easements have been provided (i.e. Laurel Parkway) shall be dedicated to the City on the Final Plat for this subdivision. 30. All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman 434 The Norton East Ranch Subdivision 6 Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. 31. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. 6 ft wide sidewalk will be required in the standard location adjacent to park land. The trail and sidewalk may be combined into one facility that is 10 ft wide and constructed of concrete. The combined walk may vary from the standard location (i.e. meander), but at the furthest, shall be no more than 15 ft from the right-of-way. 32. The trails shall connect to pedestrian ramps at the intersections or approved mid-block crossings. 33. A schematic signage plan for the subdivision, noting any proposed traffic calming measures, shall be provided with the design report for review and approval by the City Engineer. 34. West Babcock Street, from Cottonwood Road to the eastern property boundary, would be required to be improved to collector standard, as shown in the Greater Bozeman Area Transportation Plan 2001 Update, prior to issuance of any building permits for the development. Fallon Street, from Cottonwood Road to the eastern property boundary, would be required to be improved to local standard, as shown in the Greater Bozeman Area Transportation Plan 2001 Update, prior to issuance of any building permits for the development. Laurel Parkway and West Babcock Street, along and within the property boundary, shall be improved, as part of this development, to collector standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. Fallon Street, along and within the property boundary, shall be improved, as part of this development, to local standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. City standard curb and gutter, and sidewalk will be required in the standard location on the development’s side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 35. Cottonwood Road is designated as a Principal Arterial in the Greater Bozeman Area Transportation Plan. The applicant is advised the remaining half of this facility along the entire length of the development, from West Babcock Street to Fallon Street, would be required to be constructed prior to issuance of any building permits for the development. 36. A joint access shall be provided at Lots 123 and 124, Block 1, at Lots 121 and 122, Block 2, and at Lots 118 and 119, Block 2, that lines up with the respective alley to the south. 37. A 1 foot no access easement shall be shown on the final plat along the entire frontage of West Babcock Street and Laurel Parkway. 38. The driving surface on the alley typical section shall be a minimum of 16 ft wide. 39. Provide 10 ft minimum clearance from the fire hydrants to street lights, junction pedestals, and signs. 40. All retention/detention ponds shown within the right-of-way shall be relocated outside of the right- of-way and a temporary or permanent storm drainage easement provided. 435 The Norton East Ranch Subdivision 7 Recreation and Parks Advisory Board: 41. The E-W greenway trail along Wayward West shall be a 10’ or 12’ meandering concrete shared use path in lieu of sidewalk. Wetland Review Board: 42. All stormwater basins/detention ponds within the subdivision shall be naturalized by creating irregularly-shaped basins, vegetating with native grass/emergent wetland and woody species, and limiting the use of rock in the bottom of the basins. 43. The boardwalk trail through the north end of wetland W-5 and the two viewing platforms shall be constructed at least 24 inches above the ground surface to preserve the wetland vegetation. 44. Place educational placards along the boardwalk and on the viewing platforms 45. The WRB shall be notified and invited to attend a preconstruction meeting prior to the construction of any platforms or boardwalks. DATED THIS DAY OF , 2008 Resolution #P-07047 _____________________________ ____________________________ Andrew C. Epple, Planning Director JP Pomnichowski, President Department of Planning & Community Development City of Bozeman Planning Board 436 MINUTES CITY OF BOZEMAN PLANNING BOARD, WEDNESDAY, JANUARY 2, 2008 7:30 P.M. ITEM 1. CALL TO ORDER AND ATTENDANCE Vice President Erik Henyon called the regular meeting of the Planning Board to order at 7:34 p.m. and directed the secretary to take attendance. Members present: Members Absent: Erik Henyon JP Pomnichowski, President (excused) William Quinn Kaaren Jacobson (excused) Brian Caldwell Randy Carpenter (unexcused) Edward Sypinski Eric Roset Caren Roberty Staff Present: Guests Present: Brian Krueger, Associate Planner Al Lien Shoni Dykstra, Planning Secretary Marvin Howren Sean Becker, Commissioner Liaison Tom Henesh Ryan Gaser Dan Simeu Lynn Bacon Susan Kozub ITEM 2. PUBLIC COMMENT (0-15 MINUTES) {Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Three-minute time limit per speaker.} Seeing there was none, Vice President Henyon closed this portion of the meeting. ITEM 3. PROJECT REVIEW 1. Subdivision Preliminary Plat Application #P-07047 (Norton East Ranch MaSub) - A Major Subdivision Preliminary Plat Application on behalf of the owner, Norton Properties, LLC, and the representative, Big Sky Land Consulting, PLLC, to allow the subdivision of 47.77 acres into 127 lots for R-4 (Residential High Density District) development and one community center lot. The property is legally described as the SE4NW4, SW4NE4, NE4SW4, SE4SW4, NW4SE4, SW4SE4, & 41’ x 1230’ WS of SE4SE4 City of Bozeman, Gallatin County, Montana. (Krueger) Staff Report: City of Bozeman Planning Board Minutes – January 2, 2008 Page 1 437 Associate Planner Brian Krueger presented the Staff Report for the Norton East Ranch Major Subdivision Preliminary Plat. He noted the current phase is 47.77 acres and the entire project is approximately 240 acres. He noted the plat contained 30 single household lots, 73 attached single household residences, and 15 multi-household lots. He noted the City Commission’s early guidance to provide amenities for the wetlands in order to accept them as parkland. He noted the Recreation and Parks Board recommended the combination of the City Standard sidewalk and the meandering trails in the linear park to ease maintenance requirements. He also noted the condition requiring the provision of a Streamline transit stop along with amenities close to the proposed neighborhood center. He noted the plat did contain multi-household double fronted lots. He noted that Staff is neutral on the issue as long as a provision is made in the covenants for the double fronted design. Planner Krueger noted that currently there is only one east-west road connection that connects to the east property boundary. He noted Staff is currently asking for additional improvements to be made to the property line with the intent of connection with the development of the adjoining property. He further noted conditions forwarded by the Wetland Review Board to mitigate there preservation concerns. He noted the project fell under the workforce housing ordinance and the applicant had provided an additional five units to be “banked.” Planner Krueger noted the applicant still needed to make up .28 acres of parkland as they were only able to offset .46 acres under the Workforce Housing Ordinance. He noted the condition was to mitigate the difference when they came back for final plat approval. He also noted public comment which had come in. Staff is recommending approval with the listed conditions and code provisions in the Staff Report. Applicant Presentation Tom Henesh of Big Sky Land Consulting presented on behalf of Norton Properties LLC. He noted the property would be accessed from the improved Laurel Parkway which will eventually connect at Laurel Glen and Durston. He noted amenities and access points to the wetlands. He also showed slides demonstrating some of the proposed park structures and proposed multifamily houses to be placed on the double fronted lots. He noted the applicant was willing to extend the local streets on the east, and generally concurred with the conditions listed in the Staff Report. Questions for Applicant and Staff Caren Roberty asked Mr. Henesh if he had responded positively to all the Staff’s conditions. Mr. Henesh noted he was concerned about condition 35 which required the build out of Cottonwood Road before construction could commence. He noted Cottonwood is a quarter mile to the West, and he would like to see an SID set up for the improvements. Mr. Quinn agreed with Ms. Roberty and would like to see some cost share for the improvements. Mr. Sypinski sought clarification on Laurel Parkway. Planner Krueger noted the parkway would be a collector street from Durston to Huffine. City of Bozeman Planning Board Minutes – January 2, 2008 Page 2 438 Edward Sypinski wondered how the applicant was planning for subsequent phases and how the applicant was planning on mitigating the high level water to alleviate the impact on surrounding areas. Mr. Henesh noted he anticipated dams within the drain tiles to mitigate the loss of ground level water. Vice President Henyon asked how the applicant planned on mitigating the building of basements with the high water table since there was no notation in the narrative. Mr. Henesh stated the applicant did not intend to allow basements and adding a notation to the plat would not be a problem. Mr. Caldwell addressed the parkland offsets from the workforce housing. Bill Quinn noted the extra parkland could be made up by crediting for the extra five workforce housing units provided. Mr. Henesh noted that he did not know how he had calculated differently than Staff. Ms. Roberty stated the parkland requirement was to mitigate the placing of the required workforce housing in a particular area within a development by “banking” units for future phases. Mr. Henesh noted that the number of units provided was to show his support of the new ordinance. Mr. Sypinski sought clarification on how wastewater was being mitigated. Planner Krueger noted a lift station was going to be necessary for the current proposal as there was currently capacity for this development. He also noted there would be limitations on future phases in the area until a sewer trunk main was installed. Vice President Henyon sought clarification on the Recreation and Parks Board condition of the combination of sidewalk and the linear park trail. Planner Krueger noted it was for one of the linear parks and that it did meet UDO requirements. Vice President Henyon noted the City Commission denied a similar combination recently. Planner Krueger noted the denied shared use pathway bordered a higher capacity roadway. Mr. Henesh noted Ted Lange from Gallatin Valley Land Trust recommended the same mitigation as the Recreation and Parks Board. Public Comment Vice President Henyon opened public comment. Lynn Bacon representing the Wetlands Review Board noted the mitigation the Board was asking for on the naturalizing of the stormwater basins throughout the property site. She noted the boardwalks are a nice amenity, but that the Board requested to be involved in the preconstruction meetings for the boardwalks. She also noted the Board was pleased with the applicant’s agreement to use the opportunity to educate the public about wetlands. The Board commended the applicant and the owners as they were pleased with the presented package. Lynn Bacon who works at 3810 Suite 4 Valley Commons Drive noted the high ground water levels on the property. She noted the applicant had included storm water basins and she would like to see them utilized as retention ponds. She encouraged the applicant to make sure the control structure is set high enough for the pollutants to fall out before being able to leave the basin. Al Lein resides at 8507 Huffine Lane and represented himself as well as the Happel City of Bozeman Planning Board Minutes – January 2, 2008 Page 3 439 Conservation Easement. He referenced the letter he had submitted earlier to the Planning Department regarding the project. He noted he would like to see the parks under City jurisdiction rather than that of an HOA. He asked the applicant to share their plan for local water irrigation. He would like to see perimeter fencing especially along the western boundary to mitigate any east wind blown refuse as well as to protect livestock from dogs. He also noted his concern about permanent groundwater dewatering in the area. He noted that Mr. Happel also had certified hay and he was concerned about weed mitigation for the area while it was under construction. He also noted his concern about the inconsistency of the speed limit along Huffine Lane. Vice President Henyon closed public comment. Further Questions for Applicant and Staff Mr. Henesh responded to Mr. Lien and noted his compliance with the UDO and DEQ to meet retention pond requirements. He further noted his understanding of the concern and stated the ponds were not just going to be discharge ponds. He noted that the weed concern would also affect the property owner as the future phases were going to continue in agricultural use through the development of the current phase. He also noted the irrigation ditches would not be affected by this particular phase. He also noted there would be breaks and dams to prevent conduits along the water and sewer lines. Vice President Henyon asked what weed and trash mitigation was planned for the proposal. Mr. Henesh responded there was an approved weed plan for the plat. He noted that through the construction process there would be mitigation in place for storm water management and erosion. Discussion Mr. Quinn stated that to lessen the impact of the Cottonwood improvement for this development the developer should look at a way to share the cost with adjacent developments to the East. He noted he would like to consider the allowance of the full offset of the parkland due to the additional 5 workforce housing units provided. Mr. Caldwell noted the 2020 Plan Land Use Principals addressed integration between the development and undeveloped areas. He stated the overall project could be more mindful of the adjoining undeveloped areas. He stated that the parkland requirement was not unreasonable. He noted he would like to forward the staff report as written to the City Commission. He noted the developer may be eligible for impact fee credits, and he also noted that improvements to existing infrastructure was usually included as an expense of building on the developed boundary. He also noted the condition in the workforce housing ordinance to only allow for the minimum amount of parkland credit was a disincentive to prevent high densities of workforce housing units in a particular phase. Eric Roset agreed with Mr. Quinn on condition four due to the amenities provided. He stated he would like to see impact fees help alleviate the cost for improvements on Cottonwood Road. City of Bozeman Planning Board Minutes – January 2, 2008 Page 4 440 Ms. Roberty agreed with Mr. Caldwell on the parkland requirement. She noted that since the applicant had donated the land for Cottonwood to begin with she was not in favor of Condition 35. Mr. Sypinski noted his main concern about the proposal was the wetlands and the possible impact on the high ground level water. He agreed with Ms. Roberty and Mr. Caldwell about leaving in condition 4 as he feels even the credit of the wetlands towards parkland requirements is questionable. He noted the burden should be shared on the improvements towards Cottonwood, but further noted he does not have a problem with having the condition in the report. Vice President Henyon noted he liked condition 13 which addressed the connectivity of Hard Luck Street. He stated he agreed with Mr. Roset that condition 35 was a good place to use impact fees rather than an SID. He noted the use of wetlands to fulfill parkland credits was complete and unique. He still is going to recommend the awarding of parkland credits for each proposed unit and the striking of condition 4. Ms. Roberty noted the City Commission might want to consider other incentives for providing more affordable housing units as parkland credits are not always the best option. Motion and Vote It was moved by Ms. Roberty, seconded by Mr. Quinn, to recommend striking condition 35 from the Staff Report with the recommended mitigation to look at a way to share the cost as Cottonwood is not adjacent to the property. Those voting Aye being Mr. Quinn, Ms. Roberty, and Vice President Henyon. Those voting No being Mr. Roset, Mr. Sypinski, and Mr. Caldwell. The motion failed 3-3. It was moved by Mr. Roset, seconded by Ms. Roberty, to recommend the striking of condition 35 from the Staff Report with the recommended mitigation to fund improvements through impact fees. Those voting Aye being Mr. Roset. Those voting No being Mr. Quinn, Ms. Roberty, Vice President Henyon, Mr. Sypinski, and Mr. Caldwell. The motion failed 1-5. It was moved by Ms. Roberty, seconded by Mr. Roset, to recommend the striking of condition 35 from the Staff Report. Those voting Aye being Mr. Quinn, Ms. Roberty, Mr. Roset, and Vice President Henyon. Those voting No being Mr. Sypinski and Mr. Caldwell. The motion carried 4- 2. It was moved by Vice President Henyon, seconded by Mr. Roset, to recommend striking condition 4 from the Staff Report. Those voting Aye being Vice President Henyon, Mr. Quinn, and Mr. Roset. Those voting No being Ms. Roberty, Mr. Sypinski, and Mr. Caldwell. The motion failed 3-3. It was moved by Mr. Quinn, seconded by Mr. Sypinski, to recommend approval of the Norton East Ranch Major Subdivision Preliminary Plat Application #P-07047 to the City Commission as outlined in the Staff Report and amended by the Planning Board. Those voting Aye being Mr. City of Bozeman Planning Board Minutes – January 2, 2008 Page 5 441 Quinn, Ms. Roberty, Mr. Roset, Vice President Henyon, Mr. Sypinski, and Mr. Caldwell. The motion carried 6-0. ITEM 4. NEW BUSINESS 1. Planning Board By-Laws The members of the Planning Board discussed various changes they would like to see made to the Planning Board by-laws which they then submitted in writing. ITEM 5. ADJOURNMENT There being no further business to come before the Planning Board at this time, Vice President Vice President Henyon adjourned the meeting at 9:28 p.m. _________________________________ ___________________________________ Erik Henyon, Vice President Andrew C. Epple, Director Planning Board Planning & Community Development City of Bozeman City of Bozeman City of Bozeman Planning Board Minutes – January 2, 2008 Page 6 442 PLANNING BOARD & CITY COMMISSION STAFF REPORT FILE NO. #P-07047 THE NORTON EAST RANCH MAJOR SUBDIVISION PRELIMINARY PLAT #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 1 Item: Subdivision Preliminary Plat Application #P-07047, to subdivide 47.77 acres, located west of Cottonwood Road between future extensions of W. Babcock Street, Fallon Street, and Laurel Parkway into 30 single- household residential lots, 6 duplex single household lots, 15 multi- household residential lots, 1 neighborhood center, 73 attached single household lots, including restricted size lots and workforce housing lots and the remaining area as parks, open spaces, streets and alleys. Property Owner/ Norton Properties, LLC Applicant: 63020 Lower Meadow Road Suite A Bend, OR 97701 Representative: Big Sky Land Consulting 5530 Burnt Road Belgrade, MT 59714 Date/Time: Before the Bozeman Planning Board on Wednesday, January 2, 2008 at 7:00 PM and before the Bozeman City Commission on Tuesday, January 22, 2008 at 6:00 PM, both in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana Report By: Brian Krueger, Associate Planner Recommendation: Conditional Approval ___________________________________________________________________________________ PROJECT LOCATION The subject property is located west of Cottonwood Road between future extensions of W. Babcock Street and Fallon Street and is bound on the west by a future extension of Laurel Parkway and is legally described as the NE ¼ of the SW ¼ and the NW ¼ of the SE ¼ , of Section 9, T2S, R5E, P.M.M., Gallatin County, Montana. The property is annexed with a preliminary zoning designation of R-4 (Residential High Density District) Please refer to the vicinity map on Page 2 of this report. 443 PROPOSAL Norton Properties, LLC., represented by Big Sky Land Consulting, has submitted a Major Subdivision Preliminary Plat application to allow 47.77 acres, located west of Cottonwood Road between future extensions of Fallon Street and West Babcock Street, to be subdivided into 30 single-household residential lots, 6 duplex single household lots, 15 multi-household residential lots, 1 neighborhood center, 73 attached single household lots, including restricted size lots and workforce housing lots and the remaining area as parks, open spaces, streets and alleys. This property is a portion of the 241 acre Norton Annexation which was approved by the City Commission in August of 2006. Access to the subdivision will be provided by three perimeter streets, two of which will connect to Cottonwood Road. The proposed subdivision is bound on the west by Laurel Parkway (collector), on the north by West Babcock St. (collector) and on the south by Fallon Street (local). There are several dedicated parkland areas proposed as part of this development including an extensive non jurisdictional wetland, a neighborhood center park, linear parkways and a neighborhood “tot lot” park. The proposed neighborhood center includes pavilions, a transit stop and boardwalk connections to the wetlands area. No variances have been requested with this application. RECOMMENDED CONDITIONS OF APPROVAL The recommended conditions of approval do not include code requirements identified in the staff findings. Mandatory compliance with the explicit terms of Title 18, BMC does not constitute conditions of approval. The conditions of approval may require compliance with more than the minimum standards in order to conform to the physical and economic development of the City, and to the safety and general welfare of the #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 2 444 future lot owners and of the community at large. The applicant must comply with all provisions of the Bozeman Municipal Code which are applicable to this project. The Development Review Committee finds that the Preliminary Plat application, with conditions, is in general compliance with the adopted growth policy, the Montana Subdivision and Platting Act and the Unified Development Ordinance. The Planning Board may provide advice and comments on the following recommended conditions of approval: Planning Office: 1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. Subject to the review and recommendation of the Recreation and Parks Advisory Board, the Parks and Recreation Superintendent and final approval by the City Commission the proposed parkland dedication requirements shall be met for this subdivision. Documentation of satisfaction of parkland dedication requirements in accordance with Section 18.50.020 of the BMC shall be provided. A table showing the computed park areas shall be included on the final plat pursuant to Section 18.78.070.D of the BMC. This table shall include but is not limited to detention/retention areas, watercourse, wetlands, watercourse setbacks, park land, and total area. 4. .28 acres of additional dedicated parkland shall be provided either: onsite, offsite, or cash in lieu. 5. All dedicated park lands including linear parkways shall be titled “Public Park” on the final plat. Notes shall be included on the plat describing ownership and maintenance responsibility for both the park and open space areas, (e.g. public park, dedicated to the city and maintained by the homeowners association and/or future Park Maintenance District, etc.). 6. Dedicated park land shall have frontage along 100 percent of its perimeters on public or private streets, unless otherwise noted and as reviewed and permitted under Section 18.50.060 through the construction of pedestrian access, off street parking and improvements within the park area as approved in the respective final park plan(s). This further implies that all streets adjacent to parkland for each phase of the major subdivision must be improved with said phase. 7. The Final Park Plan(s) shall include: #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 3 445 a. Current and future site plan(s) for the entire property with the current plan showing developer installed improvements and the future plan showing any planned improvements not intended to be installed by the developer; b. The location of watercourse setbacks, wetland delineation, and wetland fringe; c. Park landscaping plan, prepared by a qualified landscape professional in accordance with §18.78.100 for all parkland areas including linear parkways; d. Trail design and construction showing compliance with adopted City standards and trail classifications; e. The requirement for a preconstruction meeting prior to any site work, including boardwalks, bridges, and trails; f. Appropriate sections from the “Design Guidelines for City of Bozeman Parks”; g. Cost estimate and installation responsibility for all improvements; h. A neighborhood gathering place (pavilion, community building, wetland interpretation and viewing platforms, etc.) and playground equipment in the Neighborhood Center in addition to the standard requirement for boulevard street trees, irrigation, seeding, sidewalks, etc. i. A notation that a building permit will be required for any structural improvements including bridges, boardwalks, and shelter structures. j. Parking area, design and construction drawings showing compliance with adopted City standards including ADA parking and signage. 8. Sidewalks along park land should be constructed to a six foot width to accommodate snow removal equipment. 9. The subdivider in consultation with MDT, the City of Bozeman, and Streamline Transit shall locate, design, and construct a transit stop with seating, lighting, a bike rack, and a shelter at the Neighborhood Center per section 18.44.120 of the Bozeman Municipal Code. 10. A note shall be included on the plat for all multi family lots describing park dedication allowances; e.g. park dedication requirements for Lot 43, Block 14 have been met for 12 dwelling units, at the time of subsequent development, when net residential density becomes known, cash-in-lieu of park dedication requirements shall be met by the property owner for any additional density in accordance with the BMC. This note shall be recorded on the individual lots in a manner that will appear on a title search. 11. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction designed in a manner to be consistent along all park land and open space areas. This requirement with appropriate exhibits of fence types shall be addressed and illustrated in the home owner’s association documents. 12. The subdivider shall provide a subdivision perimeter fencing plan to be implemented prior to final plat. The plan shall include plans and specifications to fence the perimeter of the project including the southern boundary of the right-of-way for Fallon Street, the north boundary of the right of way of W. Babcock Street, the west boundary of the right of way for Laurel Parkway. 13. Hard Luck Street shall be extended east to the east property boundary of the subdivision through Lot 1 in order to provide adequate access to undeveloped land. 14. Buildings constructed on lots along West Babcock Street, Laurel Parkway, and Fallon Street shall either front onto those roadways and/or have double-front architectural features facing those roads as found #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 4 446 on the front of the dwellings units, for example; end gables, covered porches, varied roof lines, multiple façade materials, varied façade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. The homeowner’s association documents shall also specify that a maximum 4’ tall fence, with coordinated design detail, is permitted along the back of these lots. 15. All finished floor elevations be a minimum of 18 inches above the top of the curb in front of the residence or building. This building restriction shall be addressed and demonstrated in the covenants/development guidelines. 16. All lots that have access to an alleyway shall use the alley for access to the lot, no driveway access from the street is allowed. This access restriction shall be addressed and demonstrated in the covenants/development guidelines. 17. Trees may not be located within 10 feet of sewer and water services. Sewer and water services shall be shown on the landscaping plan of the park and open space plan, and approved by the Water/Sewer Superintendent. 18. Homeowner’s association documents shall address the requirements for street trees, a City of Bozeman planting permit for street trees and obtaining utility locates before any excavation begins in the City of Bozeman right-of-way. The covenants shall include a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there should be a mulch ring 3’ -4’ in diameter around each newly planted boulevard tree. 19. Street lighting, including pathway intersection lighting, shall be installed by the subdivider. Light locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. All street light poles shall be installed a minimum of 10’ from any water or sewer main or appurtenance. 20. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 21. Should historical, cultural and/or archeological materials be inadvertently discovered during construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman Historic Preservation Office shall be contacted immediately and construction activities shall cease. 22. Should any species of concern, as defined by the Montana Natural Heritage Program, be discovered on- site during construction, the Montana Department of Fish, Wildlife and Parks and the Montana Natural Heritage Program shall be contacted immediately and construction activities shall cease. Engineering Office: 23. The proposed lift station shall be designed and built to accommodate the sewer capacity of the full development. However, the wastewater output from the lift station shall be limited to the amount allocated in the 1998 Valley West Sewer Report (192,816 gpd) until the trunk sewer main as shown in the 2007 Wastewater Facilities Plan is installed. The lift station will be owned and operated by the City. #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 5 447 Maintenance costs will be paid for by the homeowners by way of a surcharge on their sewer bill. 24. Design of the lift station, including the building, will be reviewed and approved by the City Engineering and Water/Sewer Departments. The lift station shall include a SCADA system compatible with the City’s existing system. The lift station shall also include backup power capable of running the entire station including all pumps. 25. A master plan and the sanitary sewer main layout for the portion of the development west and south of Phase I shall be provided. If a sanitary sewer main and/or stubs are necessary in Laurel Parkway, from Fallon Street to West Babcock Street, they are to be provided in this phase. 26. The lift station shall be located outside of the Baxter Creek 100 year floodplain. 27. An all-weather access must be provided to the lift station. The access, lift station, and force main must either be on separate lots dedicated to the city, or contained within easements. 28. Any air relief valves on the sewer force main shall be accessible by the City’s flusher truck. This may require turnout(s) to be constructed at the location of the valves. 29. Any public street rights of way for which easements have been provided (i.e. Laurel Parkway) shall be dedicated to the City on the Final Plat for this subdivision. 30. All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the City Engineer through the plan and specification review and approval process. 31. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. 6 ft wide sidewalk will be required in the standard location adjacent to park land. The trail and sidewalk may be combined into one facility that is 10 ft wide and constructed of concrete. The combined walk may vary from the standard location (i.e. meander), but at the furthest, shall be no more than 15 ft from the right- of-way. 32. The trails shall connect to pedestrian ramps at the intersections or approved mid-block crossings. 33. A schematic signage plan for the subdivision, noting any proposed traffic calming measures, shall be provided with the design report for review and approval by the City Engineer. 34. West Babcock Street, from Cottonwood Road to the eastern property boundary, would be required to be improved to collector standard, as shown in the Greater Bozeman Area Transportation Plan 2001 Update, prior to issuance of any building permits for the development. Fallon Street, from Cottonwood Road to the eastern property boundary, would be required to be improved to local standard, as shown in the Greater Bozeman Area Transportation Plan 2001 Update, prior to issuance of any building permits for the development. Laurel Parkway and West Babcock Street, along and within the property boundary, shall be improved, as part of this development, to collector standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. Fallon Street, along and within the property boundary, shall be improved, as part of this development, to local standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. City standard curb and gutter, and sidewalk will be required in the #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 6 448 standard location on the development’s side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 35. Cottonwood Road is designated as a Principal Arterial in the Greater Bozeman Area Transportation Plan. The applicant is advised the remaining half of this facility along the entire length of the development, from West Babcock Street to Fallon Street, would be required to be constructed prior to issuance of any building permits for the development. 36. A joint access shall be provided at Lots 123 and 124, Block 1, at Lots 121 and 122, Block 2, and at Lots 118 and 119, Block 2, that lines up with the respective alley to the south. 37. A 1 foot no access easement shall be shown on the final plat along the entire frontage of West Babcock Street and Laurel Parkway. 38. The driving surface on the alley typical section shall be a minimum of 16 ft wide. 39. Provide 10 ft minimum clearance from the fire hydrants to street lights, junction pedestals, and signs. 40. All retention/detention ponds shown within the right-of-way shall be relocated outside of the right-of- way and a temporary or permanent storm drainage easement provided. Recreation and Parks Advisory Board: 41. The E-W greenway trail along Wayward West shall be a 10’ or 12’ meandering concrete shared use path in lieu of sidewalk. Wetland Review Board: 42. All stormwater basins/detention ponds within the subdivision shall be naturalized by creating irregularly-shaped basins, vegetating with native grass/emergent wetland and woody species, and limiting the use of rock in the bottom of the basins. 43. The boardwalk trail through the north end of wetland W-5 and the two viewing platforms shall be constructed at least 24 inches above the ground surface to preserve the wetland vegetation. 44. Place educational placards along the boardwalk and on the viewing platforms 45. The WRB shall be notified and invited to attend a preconstruction meeting prior to the construction of any platforms or boardwalks. ZONING DESIGNATION & LAND USES The subject property is currently vacant and was annexed to the City in 2006. The property was given an initial zoning designation of R-4 (Residential High Density District). The intent of the R-4 is to provide for high density residential development through a variety of housing types within the City with associated service functions. This will provide a variety of compatible housing types to serve the varying needs of the community’s residents. The net density, as defined in Chapter 18.80, #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 7 449 BMC, for new developments shall be 8 dwelling units per acre or greater. The following land uses and zoning are adjacent to the subject property: North: Vacant and/or used for agriculture; zoned R-4; South: Vacant and/or used for agriculture; zoned R-O; The intent of the R-O (Residential-Office District) is to provide for and encourage the development of multi-household and apartment development, and compatible professional offices and businesses, that would blend well with adjacent land uses. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a Residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area East: Vacant and/or used for agriculture; zoned R-4; West: Vacant and/or used for agriculture; zoned R-3. The intent of the R-3 (Residential Medium Density District) is to provide for the development of one- to five-household residential structures near service facilities within the City. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses. GROWTH POLICY DESIGNATION The 47.77 acres proposed for subdivision under this application is wholly surrounded by areas designated residential on the Growth Policy Land Use Map within the 2020 Plan. Residential. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. The residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. The dwelling unit density expected within this classification varies. It is expected that areas of higher density housing would be likely to be located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. Low density areas should have an average minimum density of six units per net acre. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen units per net acre. A variety of housing types should be blended to achieve the desired density with large areas of single type housing being discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this classification. All residential housing should be arranged with consideration given to the existing character of adjacent development, any natural constraints such as steep slopes, and in a fashion which advances the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to provide the principal #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 8 450 locations for additional housing within the Planning Area. The following growth policy designations are adjacent to the subject property: North: Vacant and/or used for agriculture; designated residential; South: Vacant and/or used for agriculture; designated residential; East: Vacant and/or used for agriculture; designated residential; West: Vacant and/or used for agriculture; designated residential. PRELIMINARY PLAT SUPPLEMENTS A subdivision pre-application review for this project was completed by the Development Review Committee on May 30, 2007, the Planning Board on June 5, 2007, and the City Commission on June 25, 2007. During the pre-application review, no waivers were requested from Section 18.78.060, Additional Subdivision Preliminary Plat Supplements, and the following supplemental items have been provided as part of this preliminary plat application: 18.78.060.A Surface Water Surface water resources found within the subdivision boundaries include an underground drain/irrigation ditch that discharges to Baxter Creek in the NE corner of the property and an irrigation ditch that discharges to Baxter Ditch outside the SE corner of the property. The road extensions of W. Babcock Street and Fallon Street will also cross Baxter Creek, a tributary of the East Gallatin River, which is classified as a perennial stream by the Gallatin County Conservation District. The W. Babcock and Fallon Street Crossing are planned extensions of the Bozeman Area Street Network as identified in the 2001 Transportation Plan. There are six areas in the proposed subdivision area that meet the wetland criteria. There are two wetland areas that are under the jurisdiction of the US Army Corps of Engineers and four wetlands that are classified as non-jurisdictional and are under the purview of the City of Bozeman. Surface water and wetland information is also found in Section 4 of the primary subdivision binder and the Wetland Mitigation Plan and Delineation Report included in the applicant’s submittal materials. 18.78.060.B Floodplains The subject property is located outside of any identified floodplain areas, although the Flood Hazard Evaluation performed for Baxter Creek recommends that all finished floor elevations be a minimum of 18 inches above the top of the curb in front of the residence. 18.78.060.C Groundwater #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 9 451 The entire subdivision includes areas of shallow ground water. Static water levels within the test wells are between 2 and 8 feet below the surface. A more detailed soils and groundwater report will be completed at the time of engineering design. Additional information is provided in Section 12 of the applicant’s submittal materials 18.78.060.D Geology, Soils and Slopes The subject property does not contain any geologic hazards or any unusual soil, topographic or geologic conditions that would preclude construction in the proposed development locations. The applicants provided a geotechnical investigation report, soils maps and reports from the Natural Resource Conservation Service. Cuts and fills in excess of 3 feet are not anticipated. This information is provided in Section 13 of the applicant’s submittal materials. The Building Department will require a soils analysis to be provided with each application for a building permit within the proposed subdivision. 18.78.060.E Vegetation The majority of the property has been historically used for agricultural cultivation (e.g. mixed grains and hay crops and livestock pasture) with the balance in native species within the wetland areas. There are some trees and shrubs in the protected open space areas primarily in association with the identified wetland areas. There are some noxious weeds present and a Memorandum of Understanding for a weed control plan with the County Weed District is required with the Final Plat. 18.78.060.F Wildlife According to the preliminary wildlife assessment there are no known endangered species or critical game ranges on site. Deer are commonly seen on the property along with small animals, rodents and birds. Comments by the Montana Department of Fish, Wildlife and Parks have been received and only include generic subdivision comments that relate to impacts to the local waterways from road building, drainage within the subdivision and sediment release due to construction disturbance. See section 16 of the application materials for additional information. 18.78.060.G Historical Features The applicant sent a letter to the State Historical Preservation Office requesting a cultural resource file search. A copy of SHPO’s response is included in Section 16 of the applicant’s submittal materials which indicated that there is a low likelihood cultural properties will be impacted and a cultural resource inventory is unwarranted at this time. Anthro Research conducted a cultural resource evaluation on the property. The study indicated that no evidence of cultural resources was found. Should historical, cultural and/or archeological materials be inadvertently discovered during construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman Historic Preservation Office shall be contacted immediately and construction activities shall cease. 18.78.060.H Agriculture The majority of this property has been used for agricultural purposes in the past. The property is currently used for livestock pasture and has been fenced to protect the surrounding rotational crops. Staff recommends a condition that the subdivider provide a perimeter fencing plan for review approval, and implementation prior to final plat. 18.78.060.I Agricultural Water User Facilities #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 10452 Baxter Ditch and Baxter Creek are the only conveying water sources that may be impacted by the subdivision. The only disturbance to these water sources is from the installation of culverts due to the extensions of W. Babcock Street and Fallon Street. All alterations and culvert installations are permitted and will be required to be monitored and inspected as installation occurs. No impacts to water users are anticipated. 18.78.060.J Water and Sewer Existing water mains in the vicinity of the property will be extended throughout the development to serve the individual lots and includes capacity to serve the proposed development. In addition, larger main extensions will be provided to Cottonwood Road in order to serve future development and the Engineering Department has made specific sizing conditions for these mains as noted in the City’s Water Facility Plan. A lift station for sewer service is required with the subdivision infrastructure. Water for domestic and fire use will be provided by a connection to existing 12” water main within Cottonwood Road. Sewer will flow north from the subdivision along the future Laurel Parkway to a point where a lift station will be constructed which will pump the sewage north to Durston Road and then east to the intersection of Durston Road and Cottonwood Road where the sewage will continue north to the City Waste Treatment Plant. Water and Sewer infrastructure is also addressed in the preliminary engineering design report in Section 24 of the applicant’s submittal materials. 18.78.060.K Stormwater Management Stormwater management utilities will be constructed in accordance with the City of Bozeman’s current design standards. The preliminary engineering report provides a detailed stormwater runoff analysis of the proposed development including detention requirements to limit runoff to pre- development 10-year recurrence flows. Additional detailed analysis will be prepared for stormwater utilities to be constructed to serve development and manage runoff in accordance with the City’s requirements during specific engineering design for the subdivision. Stormwater management is also addressed in the preliminary stormwater report in Section 23 of the applicant’s submittal materials. 18.78.060.L Streets, Roads and Alleys The subject property is currently not directly adjacent to the City’s constructed road system the primary access to the new subdivision will be from Cottonwood Road (a principal arterial). Extensions of West Babcock Street (a collector) and Fallon Street (a local) to the west will provide the north and south boundaries of the subdivision. The subdivision will be bound on the west a section of Laurel Parkway that will connect West Babcock Street and Fallon Street to provide a looped access to the subdivision. All major roads within the subdivision are anticipated to be extended with future subdivisions within the Norton Property. Section 18.44.010.A. BMC “Streets” Requires that “when a proposed development adjoins undeveloped land, and access to the undeveloped land would reasonably pass through the new development, streets within the proposed development shall be arranged to allow suitable development of the adjoining undeveloped land. Streets within the proposed development shall be #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 11453 constructed to the boundary lines of the tract to be developed, unless prevented by topography, or other physical conditions, in which case a subdivision variance must be approved by the City Commission.” Staff has identified a deficiency within the street connectivity to adjacent land. Staff recommends that Hard Luck Street be extended to the east property boundary. This is proposed in order to provide a future connection to property zoned R-4 (High Density Residential) to the east of the subdivision. This property is bound by Baxter Creek on the east and will have little road access opportunities that would meet city intersection spacing standards along W. Babcock Street. Staff recommends the Hard Luck Street extension in order to provide a logical looped road access back to Wayward West Street, which extends to the east property boundary to the south. The applicant proposes to construct the local streets to a width of 33 feet with a five foot sidewalk and a 7.5’ boulevard. All sidewalks adjacent to parkland is required to be constructed to a six foot width. The subdivision provides extensive use of alleyways for access to the individual lots. Alleys will be constructed to a sixteen foot wide paved surface within a 20 foot right of way. This project also proposes an extensive trail system throughout the subdivision with significant east west connections to the future north south trail system anticipated within the Baxter Creek watercourse setback on adjacent land to the east. No lots in the subdivision will have direct access to West Babcock (collector) or Laurel Parkway (collector). West Babcock Street, Fallon Street, Laurel Parkway will be constructed to the full width adjacent to the project in accordance with the Bozeman Transportation Plan and the Traffic Impact Study completed by Engineering Inc. for this project. The Engineering Department is also recommending that the west side of Cottonwood Road between West Babcock Street and Fallon Street be upgraded to the current required standards. Additional details for the proposed roads and alleys are included in Section 21 of the applicant’s submittal materials including the Traffic Impact Study (TIS) completed by Engineering Inc. 18.78.060.M Utilities The applicants have included letters from Bresnan Communications and Northwestern Energy regarding their ability to serve the project. The applicants have requested a letter from Qwest but no letter has been provided regarding phone service. The utility providers responding indicated that private utilities can be provided to this subdivision. Northwestern Energy will be providing services in the alleyways with additional easements provided along other front and side lot lines as required. For additional information regarding these utilities, see Section 18 of the applicant’s submittal materials. 18.78.060.N Educational Facilities Ed Sondeno, Director of Facilities, Bozeman Public Schools, notes in his correspondence of January February 13, 2007 that the proposed subdivision would generate the following students: K-5 – 37 students, 6-8 – 19 students and 9-12 – 25 students. Mr. Sondeno responded that there is not current classroom space for K-5 students and 9-12 students, although the District is currently planning and constructing new facilities. Mr. Sondeno further indicated that their existing bus system can accommodate the additional students. #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 12454 18.78.060.O Land Use This proposal includes 30 single-household residential lots, 6 duplex single household lots, 15 multi- household residential lots, 1 neighborhood center, 73 attached single household lots, including restricted size lots and workforce housing lots and the remaining area as parks, open spaces, streets and alleys. The location of the proposed land uses are in general compliance with the City of Bozeman zoning map. The overall density of this project satisfies the requirement for a net residential density of 8 dwelling units per acre as anticipated in the R-4 Residential High Density District. The proposal is also consistent with the Restricted Size Lot requirements of Section 18.42.180 and the workforce housing requirements of Chapter 17.02 BMC. The applicant’s proposal was reviewed by the Community Affordable Housing Advisory Board (CAHAB) on December 5, 2007 where the proposal received a positive recommendation. As this subdivision will have double frontage lots located along collector and local streets, (West Babcock Street and Laurel Parkway), staff has included a suggested condition of approval to address these proposed “double fronted lots” to require double fronted home designs, including having a true front presentation towards the arterials with porches, front doors, no garage fronts, and coordinated 4’ tall (maximum) fencing with gates/openings and walkway connections providing access to the streetscape and sidewalk system. This is intended to assure an attractive presentation to these perimeter roadways. 18.78.060.P Parks and Recreation Facilities The preliminary Parks and Trails Master Plan is provided as a standalone document provided with of the applicant’s submittal materials. Based on 322 dwelling units at 0.03 acres of parkland per dwelling unit, 9.66 acres of dedicated parkland is required with this major subdivision. The applicant has proposed approximately 9.68 acres of parkland identified in their application as “Dedicated Parks” (8.37 acres) and a Neighborhood Center which will be dedicated as parkland (1.00 acre). There are .45 acres of detention ponds located within the proposed parkland that must be deducted from the 8.37 acres. The applicant is also requesting a .76 acre parkland credit per the workforce housing program in Chapter 17.02 BMC. Staff has analyzed the request for parkland credit and it appears the applicant is asking for parkland credit above what is allowed by Chapter 17.02 BMC. The applicant may only take credit for the required workforce units at the minimum lot size allowed, even though the applicant is proposing additional workforce units above and beyond the minimum requirement and in lot sizes that are larger than required by the program. The dedicated park areas proposed are the neighborhood center (1.00 acre), the wetland area (4.02 acres) and the park area to the south and east of the wetland (2.77 acres), the neighborhood “tot lot”(.47 acres) and the linear parkways (1.1 acres). The total parkland to be dedicated is thus 9.36 acres. Out of that area .45 acres must be deducted for the stormwater detention ponds located within the 2.77 acre park area to the south and east of the wetland area. With the detention pond area deducted 8.91 acres are provided. The applicant had requested a .76 acre credit for workforce housing. According to staff’s calculation the applicant may only take a .47 acre credit for the 8 required workforce units (3 detached single family @ 2,700 square feet and 5 attached single family #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 13455 @ 2,500 square feet). With the workforce credit applied the applicant is providing 9.38 acres of parkland and is required to provide 9.66 acres of parkland. Staff has added a proposed condition to the subdivision that .28 acres of additional parkland shall be provided: onsite, offsite, or cash in lieu. Additional discussion of the parks and trails proposed for this project, and the phasing of these amenities, is discussed further in the Staff Findings/Review Criteria section of this report. 18.78.060.Q Neighborhood Center Plan The proposed preliminary plat identifies the development of the 1 acre park area bound by the wetland, Laurel Parkway, and West Babcock Street as a neighborhood center. This area is proposed to contain pavilions picnic shelters, and seating. ADA accessible trails including a bridge and boardwalk will lead from the parking area to the neighborhood center. A transit stop is proposed along Laurel Parkway with direct sidewalk access to the neighborhood center. City approval of a final park plan will be required for this neighborhood center area. 18.78.060.R Lighting Plan The applicant’s proposed lighting plan is provided in Section 19 of their submittal materials. Street lights are proposed for perimeter roadways and the intersections of local streets with additional lighting at trail and street intersections. STAFF FINDINGS/REVIEW CRITERIA The basis for the City Commission’s decision to approve, conditionally approve or disapprove the subdivision shall be whether the preliminary plat, public hearing if required, Planning Board advice and recommendation, and additional information demonstrate that development of the subdivision complies with this title, the City’s growth policy, the Montana Subdivision and Platting Act, and other adopted state and local ordinances, including, but not limited to, applicable zoning requirements. The Montana Subdivision and Platting Act, Section 76-3-608, establishes the following primary review criteria for the governing body to consider when evaluating subdivisions. Planning Staff, the DRC, and other reviewing agencies have made comments in relation to those and other criteria as described below, and have recommended conditions as outlined at the beginning of this staff report. A. Primary Review Criteria 1. Effects on Agriculture The property has been previously annexed and, while a significant portion has remained under cultivation, has been zoned and master planned for residential and parks uses. 2. Effects on Agricultural Water User Facilities No effects on agricultural water user facilities have been identified for this project. 3. Effects on Local Services The Bozeman 2020 Community Plan identifies this property as lying within the “Capital Facilities Overlay District” (Figure 6-2). The “Capital Facilities Overlay District” is intended to establish a priority area for development within the larger scope of the Bozeman 2020 Community Plan future land use plan. This is an area within the long-range growth area of #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 14456 the City where services would be most efficiently provided in the near term and where development in the near term would advance the goals of the 2020 Plan. Water/Sewer. Water and sewer main extensions and upgrades will be required to serve this development. Therefore, the standard code requirements apply, including the requirements for plans and specifications, detailed design reports, and engineering services for construction inspection, post-construction certification and preparation of mylar record drawings applies. No building permits will be issued prior to substantial completion and City acceptance of required water and sewer infrastructure improvements. The Engineering Department has recommended conditions requiring that the lift station proposed shall be constructed to accommodate the sewer capacity of the full development. The wastewater output from the lift station is conditioned to be restructured until a trunk sewer is installed per the 2007 Wastewater Facilities Plan. Pursuant to section 18.42.070.3 of the UDO, sewer and water mains shall be stubbed out to the boundary of the subdivision to provide future service to adjoining undeveloped land. Police/Fire. The property is located within the City’s Police and Fire emergency response area. The subdivider must obtain addresses for the new lots from the City Engineering Division prior to filing of the final plat to facilitate fire and police response to the site. In November of 2006, the City Commission adopted the Bozeman Fire Protection Master Plan. The Fire Master Plan identified current and future service delivery deficiencies and outlined timetables for future facilities and staffing to address the growing community. The plan does not identify any specific improvements required with this development. Streets. Several new and existing street improvements will be required to accommodate this development. This includes improvements of West Babcock Street, Fallon Street, Laurel Parkway, and Cottonwood Road as analyzed in the Traffic Impact Study (TIS) completed for this project by Engineering, Inc. The standard code requirements apply, including the requirements for plans and specifications, detailed design reports, and engineering services for construction inspection, post-construction certification and preparation of mylar record drawings. No building permits (except the lift station) will be issued prior to substantial completion and City acceptance of required street infrastructure improvements (with the exception of sidewalks). Stormwater. The standard requirement for a detailed review of the final grading and drainage plan, and approval by the City Engineer, will be required as part of the infrastructure plan and specification review process. Provisions for routing of major storm events (100 year) either through pipe, surface flow, or a combination thereof shall be provided for any major drainage courses that are being cut off. Parks/Trails. Based on 322 dwelling units at 0.03 acres of parkland per dwelling unit, 9.66 acres of dedicated parkland is required with this major subdivision The dedicated park areas proposed are the neighborhood center (1.00 acre), the wetland area (4.02 acres) and the park area to the south and east of the wetland (2.77 acres), the neighborhood “tot lot”(.47 acres) and the linear parkways (1.1 acres). The total parkland to be dedicated is thus 9.36 acres. #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 15457 Out of that area .45 acres must be deducted for the stormwater detention ponds located within the 2.77 acre park area to the south and east of the wetland area. With the detention pond area deducted 8.91 acres are provided. The applicant had requested a .75 acre credit for workforce housing. According to staff’s calculation the applicant may only take a .47 acre credit for the 8 required workforce units (3 detached single family @ 2,700 square feet and 5 attached single family @ 2,500 square feet). With the workforce credit applied the applicant is providing 9.38 acres of parkland and is required to provide 9.66 acres of parkland. Staff has added a proposed condition to the subdivision that .28 acres of additional parkland shall be provided: onsite, offsite, or cash in lieu. The Recreation and Parks Advisory Board reviewed the proposal on November 30, 2007 and generally recommends approval of the parks master plan. The RPAB recommends that the applicant provide a 10’ meandering concrete shared use path along Wayward West in lieu of the standard city boulevard and sidewalk and additional trail proposed in this location. The Final Park and Trail Master Plan must provide an improvements schedule that outlines those improvements to be installed by the developer, by the home owner’s association, and/or by others, as well as the improvements schedule for completion. Utilities. The subdivider will be responsible to extend power, cable and phone utilities to the subdivision location. Private utilities are in the vicinity, but extensions will be needed. The preliminary plat shows utility easements being provided along the alleyways and in the fronts of the lots without alley access. Letters from the applicable utility companies, excluding Qwest, were provided indicating that service can be provided to this new development. 4. Effects on the Natural Environment As required, an approved noxious weed management and re-vegetation plan was provided with the preliminary plat application (see Section 17 of the applicant’s submittal materials). A Memorandum of Understanding must be entered into with the County Weed Board prior to submittal of the final plat. The location of the wetlands and significant vegetation are located in subdivision has already been discussed by staff. The City Wetland Review Board has reviewed the proposed impacts to the non-jurisdictional wetlands and is generally in favor of the proposed subdivision. The WRB has proposed two conditions to mitigate the impacts of the development on the wetland areas. See conditions 42-45. All roadway crossings of the Baxter Creek and Baxter Ditch and associated wetland areas will occur only with the approval of 310 and/or 404 Permits from the Gallatin County Conservation District and the Army Corp of Engineers. Groundwater quality will be protected by the installation of municipal sewer systems. Finally, the applicants provided a letter from the State Historic Preservation Office regarding cultural resources on the subject property. The letter from SHPO indicates that there is a low likelihood that cultural properties will be impacted. The applicant also contracted with Anthro Research to conduct a cultural resource survey of the property. The study indicated that no evidence of cultural resources was found. Staff is recommending a condition requiring that should historical, cultural and/or archeological materials be inadvertently discovered during construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman Historic Preservation Office shall be contacted immediately and #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 16458 construction activities shall cease. 5. Effects on Wildlife and Wildlife Habitat According to the preliminary wildlife assessment there are no known endangered species or critical game ranges on site. Deer are commonly seen on the property along with small animals, rodents and birds. Comments by the Montana Department of Fish, Wildlife and Parks have been received and only include generic subdivision comments that relate to impacts to the local waterways from road building, drainage within the subdivision and sediment release due to construction disturbance. The required permitting for the roadway crossings and for any wetland fill or sediment discharge to local waters should prevent of mitigate any impacts to local waters. Staff is recommending a condition that should any species of concern, as defined by the Montana Natural Heritage Program, be discovered on-site during construction, the Montana Department of Fish, Wildlife and Parks and the Montana Natural Heritage Program shall be contacted immediately and construction activities shall cease. 6. Effects on Public Health and Safety The intent of the regulations in the Title 18 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the Bozeman Development Review Committee (DRC) which has determined that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. B. Compliance with the survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The property in question has been surveyed and platted in conformance with the Montana Subdivision and Platting Act and filed as a preliminary plat in accordance with the state statute and the Bozeman Municipal Code. C. Compliance with the Bozeman Unified Development Ordinance. The following requirements are standards of the Unified Development Ordinance and shall be addressed with the final plat submittal: a. 18.42.030.D “Corner Lots” – The homeowner’s association documents shall provide language stating that all corner lots shall have the same orientation as dwellings on lots on the interior of the block. The final plat shall indicate the orientation of all corner lots. b. 18.04.050 - Water rights, or cash-in-lieu thereof, as calculated by the City Engineer’s Office, is due with each final plat of the major subdivision. c. 18.42.060.B.1.a “Private Utilities” – The final plat and homeowner’s association documents shall contain a note stating that if a utility easement is greater than the building setback required by the Title 18 of the B.M.C. said easement shall apply. d. 18.44.010.A. “Streets” When a proposed development adjoins undeveloped land, and access to the undeveloped land would reasonably pass through the new development, streets within the proposed development shall be arranged to allow suitable development of the adjoining undeveloped land. Streets within the proposed development shall be constructed to the boundary lines of the tract to #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 17459 be developed, unless prevented by topography, or other physical conditions, in which case a subdivision variance must be approved by the City Commission. e. 18.44.120 “Public Transportation” – Any interior and exterior development streets that are designated as transit routes shall be designed to accommodate transit vehicles and facilities. The subdivider in consultation with MDT, the City of Bozeman, and Streamline Transit shall locate, design, and construct a transit stop with seating, lighting, a bike rack, and a shelter at the Neighborhood Center per section 18.44.120 of the Bozeman Municipal Code. f. 18.46.020.B “Parking Within Structures” – The homeowners’ association documents shall include the minimum provisions for one-stall and two-stall car garages as outlined by Administrative Policy No. 2007-03. g. 18.50.080.D “Storm Water Detention/Retention Ponds” – The park master plan shall provide a grading and landscape plan for any storm water facilities located in dedicated parklands. Maximum grading of said facilities and design shall be such that the facility serves as a landscape feature and further complies with 18.48.050.L “Maximum Allowable Slope or Grade” of the U.D.O. h. 18.50.090, executed waivers of right to protest creation of special improvement districts (SIDs) for a park maintenance district shall be executed and submitted with the final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. i. 18.78.070.D requires a Final Park Plan to be approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board, prior to Final Plat approval. Four bound copies of the plan shall be submitted to the Planning Office for review prior to installation of any improvements or prior to Final Plat submission, whichever comes first. The Park Plan shall address all of the criteria outlined in Section 18.78.060.P of the BMC. j. Covenants, restrictions, and articles of incorporation for the creation of a homeowners’ association shall be submitted with the final plat application for review and approval by the Planning Office and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of common open space areas, public parkland/open space corridors, stormwater facilities, public trails, snow removal, and other areas common to the association pursuant to Chapter 18.72 of the Bozeman Municipal Code. 1. These documents shall include a common area and facility maintenance plan and guarantee for the permanent care and maintenance of open spaces, recreational areas, stormwater facilities and parking lots in accordance with Chapter 18.72 or the Bozeman Municipal Code. 2. These documents shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 45 working days prior to filing and recordation with the Gallatin County Clerk and Recorder. 3. These documents shall be executed and submitted with the final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. k. Section 18.78.070.D of the BMC requires a Final Park Plan to be approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board, prior to Final Plat approval. Four bound copies of the plan shall be submitted to the Planning Office for review prior to installation of any improvements or prior to Final Plat submission, whichever comes first. The Park Plan shall address all of the criteria outlined in Section 18.78.060.P of the BMC. l. Pursuant to Section 18.06.040.D.6 of the BMC, conditional approval of the Preliminary Plat shall be #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 18460 in force for not more than one calendar year for minor subdivisions, two years for single-phased major subdivisions and three years for multi-phased major subdivisions. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission’s consideration. The City Commission may, at the written request of the developer, extend its approval for no more than one calendar year, except that the City Commission may extend its approval for a period of more than one year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the developer, provided for in §18.74.060, BMC. m. Per Section 18.42.050, utilities shall be placed underground, wherever technically and economically feasible. If overhead utility lines are used, they shall be placed along the rear property line. n. Per Section 18.42.120, if mail will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. It shall not be the responsibility of the City to maintain or plan any mail delivery area constructed within a City right-of-way. o. Section 18.48.070 requires the subdivider to install irrigation, sod and street trees on all external streets and adjacent to public parks or other open spaces. A landscape plan shall be submitted, identifying the location and tree species to be installed by the developer, prior to installation of the trees or by final plat, whichever comes first. p. All improvements are subject to Chapter 18.74 “Improvements and Guarantees.” If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. q. The final plat must be in compliance with all requirements of Section 18.78.070 “Final Plat,” including, but not limited to the following items: 1. Section 18.78.070.C states that a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared noxious weeds and a copy provided to the Planning Department prior to final plat approval. 2. The final plat submittal shall include all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The final plat application shall include four (4) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3½-inch floppy disk or compact disk; and five (5) paper prints. 3. Final Park Plan. For all land used to meet parkland dedication requirements, a final park plan shall be submitted to the City of Bozeman for review and approval prior to final plat. The installation of any park improvements to meet minimum development standards or conditions of approval shall comply with Chapter 18.74, BMC. The final park plan shall be reviewed and approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board. The final park plan shall include all of the information listed in §18.78.060.P of this chapter. 4. Irrigation System As-Builts. The developer shall provided irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 19461 requirements, once the irrigation system is installed. The as-builts shall include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. s. Stormwater Master Plan: A Stormwater Master Plan for this phase of the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized detention/retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located in easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the FSP for each lot. t. Plans and specifications and a detailed design report for water and sewer main extensions, streets and storm drainage facilities, prepared by a Professional Engineer (PE) registered in the state of Montana, shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The Applicant shall also provide Professional Engineering services for Construction Inspection, Post-construction Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. All plans and specification shall comply with the current version (including all addenda) of the City of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications Fifth Edition that have been adopted at the time of approval of the plans and specifications. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless all of the requirements of Section 18.74.030.D of the Unified Development Ordinance are met to allow for concurrent construction. u. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 20462 shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the final plat for the subdivision. v. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. w. The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted on the plans, as well as all nearby fire hydrants and proposed fire hydrants. x. Any easements needed for the water and sewer main extensions shall be a minimum of 30 feet in width with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to final plat approval and shall be shown on the plat. Wherever water and/or sewer mains are not located under or accessed from improved streets, a 12 foot wide all weather access drive shall be constructed above the utilities to provide necessary access. y. Street names must be approved by the Gallatin County GIS office and City Engineering office prior to final plat approval. z. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. aa. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. bb. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to plan and specification approval. cc. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate to the City full permit compliance. dd. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with Section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. ee. All construction activities shall comply with Section 18.74.020.A.2 of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. ff. Ditch relocation: 1. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 21463 obtained prior to FSP approval. 2. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation. D. Compliance with the required subdivision review process. The public hearings before the Planning Board and City Commission have been property noticed as required by Title 18, BMC. The notice was mailed to all adjoining property owners by certified mail and noticed in the Bozeman Daily Chronicle. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter, the Bozeman Planning Board shall forward a recommendation in a Resolution to the Bozeman City Commission who will make the final decision on the applicant’s request. E. Provision of easements for the location and installation of any planned utilities. All utilities and necessary utility easements will be provided and depicted accordingly on the final plat for each phase. F. Provision of legal and physical access to each parcel. The proposed lots will gain access from frontage on internal local streets or alleys. The final plat shall include a public access easement for all areas labeled as “open space” and for all streets/alleys if they are not dedicated to the public in order to comply with Section 18.44.090.B of the UDO. PUBLIC COMMENT No public comments have been received by the Planning Department as of the writing of this report. Any comments received after the writing of this Staff Report will be distributed to the Commissioners at the public hearing. CONCLUSION/RECOMMENDATION Pursuant to Section 18.06.040.D of the Title 18, BMC, the Planning Board shall review the preliminary plat and supplementary information to determine if the proposed plat is in compliance or noncompliance with the adopted Growth Policy. The Planning Board shall act to recommend approval, conditional approval or denial of the preliminary plat application. The Board shall then provide advice and comments to the Bozeman City Commission for its consideration at its Tuesday, January 22, 2007 hearing which begins at 6:00 PM. The Planning Board Resolution #P-07047 and minutes from the Planning Board’s meeting will be forwarded to the City Commission and made a part of the Commission’s record. AS AN APPLICATION FOR A MAJOR SUBDIVISION, THE PLANNING BOARD WILL MAKE A RECOMMENDATION TO THE CITY COMMISSION. THE CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION. THE DECISION OF THE CITY COMMISSION MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 18.66, BMC. Attachments: Agency Review Comments Applicant’s Preliminary Plat Submittal Materials #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 22464 Mailed to: Norton Properties, LLC, 63020 Lower Meadow Road Suite A, Bend, OR 97701. Big Sky Land Consulting, PLLC, 5530 Burnt Road, Belgrade, MT 59714 #P-07047 The Norton East Ranch Major Subdivision Preliminary Plat Staff Report 23465 ¯ 1 inch equals 283 feet Norton East Ranch Subdivision CottonwoodDurston Huffine Bronken Park Subject Property Legend Trails Parcels Streams Streams WetlandsConservationEasementsLoyalGardenBillionPUDLaurelGlenValleyWestBaxter CreekValleyWestW. Babcock St. Fallon St. 466 467 468 Brian Krueger From: Caren Roberty [croberty@hrdc9.org] Sent: Monday, January 07, 2008 12:39 PM To: Brian Krueger Subject: FW: Norton East Ranch Subdivision Preliminary Plat Application Page 1 of 1 1/9/2008 The Community Affordable Housing Advisory Board (CAHAB) met on December 5, 2007 to review the Norton East Ranch Subdivision Preliminary Plat Application with Tom Henesch, engineer representing the owners of Norton East Ranch. There were 22 RSL/RSU’s supplied by the project in a configuration of 8 single family detached, 3 duplexes, and 2 four plexes. The property also provided 3 single family detached homes and 2 five-plexes for a total of 13 units. Since the Workforce Housing Ordinance would only require eight affordable homes the owners were asking to bank five homes for future phases. The CAHAB voted to recommend that the commission accept the Norton East Ranch Subdivision’s housing plan which included the ability to bank the 5 extra units. The CAHAB commended the developer for their efforts to ensure their subdivision was in compliance with the housing plan. Caren Roberty HRDC Development Director 32 S. Tracy Ave. Bozeman, MT 59715 croberty@hrdc9.org 406.585.4866 406.585.3538 (Fax) 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 838 839 840 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 921 922 923 924 925 926 927 928 929 930 931 933 935 937 939 941 943 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102